Temporary protection for Ukrainians in the EU might be extended by another year. But this time with a new caveat that could exclude men subject to military obligations in Ukraine. At the same time, Brussels is laying the groundwork for a voluntary returns to support those who choose to go back and help rebuild their country.
The European Commission has proposed extending temporary protection for people fleeing Russia’s war of aggression against Ukraine by an additional year — until 4 March 4 2028. According to Commissioner for Home Affairs and Migration Magnus Brunner, the EU must maintain “continuity, clarity, and, of course, stability” to protect the lives of 4.4 millions of Ukrainians who are now in Europe.
The objective of the proposal is twofold. First, to ensure legal certainty, stability, and predictability by extending temporary protection for an additional year. Second, to reconcile protection needs with Ukraine’s overall capacity to defend itself from Russia.
According to Brussels, “to this end, temporary protection should not be granted, as a general rule, to recently arrived persons who are not authorized by the Ukrainian authorities to leave the country due to their military obligations”.
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It is now up to the Council, the 27 member states, to adopt the Commission’s proposal.
Those excluded
Although the EU has proposed renewing temporary protection for citizens fleeing war, it excludes persons who are eligible for military service or who have military obligations in Ukraine. “This is what Ukraine has asked us to do, and this is what we are doing,” Mr Brunner said.
The Temporary Protection Directive is a specific law that provides immediate, temporary protection to people fleeing war or large-scale crises. It allows them to live, work, and access basic services in EU countries without going through a full asylum procedure.
The directive is part of the EU’s broader system of international protection and asylum policy. It was activated for the first time in 2022 in response to Russia’s full-scale invasion of Ukraine.
Since then, the EU has reviewed and extended its application on a yearly basis, depending on whether the conditions that triggered it still persist. In this case, it was decided to extend temporary protection for Ukrainians for “valid reasons”, such as defending themselves from Russia.
The European executive has clarified that evasion of military service as such does not constitute a valid reason. When a person arrives in the EU and requests temporary protection, member states require them to provide documents proving that they have the right to legally leave Ukraine.
However, if a person has been exempted from military service, they may be eligible for temporary protection in the EU through a “digital tool”. This is still being discussed between the EU and Ukrainian counterparts.
“Sustainable returns”
The Voluntary Return and Recovery Programme Pilot is also part of the discussion on Ukraine’s reconstruction and recovery — recently held in Gdansk. It aims to support those wishing to go back to Ukraine by providing information and assistance with the return process and reintegration.
The programme is in the initial planning phase. The goal is to have it operational by the end of 2026 for an initial period of one year.
The mechanism is not meant as individual financial support. It will help people find places still safe to live in and where housing and essential services are available. The EU plans to create an information platform, developed together with the Ukrainian authorities, to match people’s needs with available options.
At the same time, member states remain free to go further. Under last year’s recommendation, they can decide whether to offer financial support in addition to participating in the information system.
